Butynski v. Springfield Terminal Ry. Co., No. 09-1164
In plaintiff's personal injury action under the Federal Employers' Liability Act (FELA), denial of plaintiff's motion for judgment as a matter of law is affirmed as there was sufficient evidence of contributory negligence to support the jury's substantial reduction in damages awarded to the plaintiff.
Appeal from the United States District Court for the District of Massachusetts
Decided January 22, 2010
Opinion by Seyla, Circuit Judge
For Appellant: Thomas Lesser, Lesser, Newman & Nasser
For Appellee: Karen M. Thursby, Herlihy, Thursby & Herlihy, LLP